Foley & Lardner Filed Patent Application Late: Suit

Law360, New York (January 17, 2007, 12:00 AM EST) -- A pharmaceutical development company has sued Foley & Lardner LLP, claiming that the law firm filed its patent application late, allowing a competing company, also represented by the firm, to win priority protection.

Despite reminders by Vaxiion Therapeutics Inc.’s chief executive about the approaching deadline in 2002, lawyers from Foley & Lardner were four days late in submitting an application for technology it had developed, the company claimed in its suit, filed on Dec. 28.

A year later, the San Diego-based pharmaceuticals maker discovered that at...